State of Iowa v. Brett Allen Ammons

What the court decided

Result: AFFIRMED AND REMANDED WITH INSTRUCTIONS

Brett Ammons appeals the sentence imposed after his guilty plea, arguing that there is a clerical error in the no-contact order and that the sentencing court failed to abide by Iowa Rule of Criminal Procedure 2.10(3) by requiring him to complete programming at a residential correctional facility.

Holding: We remand the case so that a nunc pro tunc order can be issued to correct the no-contact order’s clerical error. On Ammons’s other issue, Ammons cannot withdraw his guilty plea and is not entitled to resentencing. We accept Ammons’s position that the plea agreement was a rule 2.10(3) arrangement, making it binding on the sentencing court, but reject his argument that the sentencing court went outside the agreed-upon terms. We affirm Ammons’s sentence.

Read the opinion (PDF) · Case page on iowacourts.gov

Judges

• Written by Judge Sharon Soorholtz Greer
• Considered without oral argument by Greer, P.J., and Badding and Sandy, JJ.

Iowa Code it cites

§708.2§708.2A§814.6§901B.1§907.3

Each links to the bills that change that chapter.